‘ ichacer af the Town of Walpole, 
Mass, contained in Chapter 377 | 
of the Acts of 1924 oftheGen- | 
eral Court of Massachu- 
a setts, and By-Laws of the. 
Town of Walpole, 
adopted by the Town 
March 22, 1926. 


CHARTER OF THE TOWN OF WALPOLE, MASS., CONTAINED IN 
CHAPTER 377 OF THE ACTS oF 1924 OF THE GENERAL 
CourT OF MASSACHUSETTS, AND By-LAWS OF THE TOWN 
OF WALPOLE, MASS., ADOPTED BY THE TOWN MARCH 22, 
1926. 


AN ACT TO CHANGE THE TIME OF HOLDING THE ANNUAL 
MEETING OF THE TOWN OF WALPOLE, TO ENLARGE THE 
POWERS AND DUTIES OF THE SELECTMEN, TO ABOLISH CER- 
TAIN OFFICES AND TO PROVIDE FOR THE ADMINISTRATION 
OF TOWN AFFAIRS. 


Be it enacted, etc., as follows: 


ANNUAL TOWN MEETING. 


Section 1. The annual town meeting of the town of 
Walpole shall be held on the third Monday of January, 
beginning with the year nineteen hundred and twenty-five. 
All matters to be considered at the annual town meeting, 
except the election of officers and other matters required 
by law to be determined by ballot, shall be considered at 
an adjournment thereof, to be held on the second Monday 
of February following at half past seven o’clock in the 
evening. If the business of the adjourned meeting shall 
not be completed at half past ten o’clock in the evening, 
the meeting shall be again adjourned to the following Mon- 
day at half past seven o’clock in the evening. Any further 
adjournments shall be in accordance with general law. 


SELECTMEN, ELECTION, TERMS, VACANCIES. 


Section 2. At the first annual meeting following the 
acceptance of this act and annually thereafter, the voters 
shall elect by ballot five selectmen who shall serve until 
their successors are elected and, qualified... Ifa vacancy 


F <3 2 
AY f ae 3 4 
p\i at toe 88 


me 3 


WANWVoCHoITY A Fara 
UNIVERSI!] i Wr ILLINOIS 


or vacancies occur in the membership of the selectmen, the 
remaining members shall call a special town meeting to fill 
the vacancy or vacancies for the unexpired term or terms, 
except that if such vacancy or vacancies occur less than 
‘three months prior to the next annual meeting and at least 


three selectmen remain in office, such vacancy or vacancies © 


shall remain unfilled until such annual meeting. 


4 


SELECTMEN TO BE LAWFUL SUCCESSORS OF CERTAIN OFFICERS. 


Section 8. Upon the election and qualification of the 


selectmen as provided in section two, all the powers, rights, — 


duties and liabilities conferred or imposed by law upon the 
water commissioners, park commissioners, surveyors of 


highways, overseers of the poor, board of health and tree 


warden shall be transferred to and conferred and imposed 


upon the selectmen, subject to the provisions of this act, 


and the said offices shall be abolished. 

The aforesaid transfer of rights, powers, duties and lia- 
bilities shall not affect any liability incurred, contract 
made, fine, special assessment, rate, penalty, forfeiture or 
tax imposed before such transfer, nor any suit or other pro- 
ceeding pending, and the selectmen shall in all respects and 
for all purposes whatsoever be the lawful successors of the 
officers and boards whose powers and duties are hereby 
transferred to and conferred and imposed upon them. 


TOWN CLERK. 


Section 4. The selectmen shall appoint, as soon as prac- 


ticable, a person suitably qualified to the office of town 
clerk. The existing elective office of town clerk shall be 
continued until the person appointed to-said office of town 
clerk shall have qualified, at which time the elective office of 
town clerk shall cease and determine. The town clerk shall 
enjoy all the powers and rights and be subject to all the 
duties and liabilities which are now or may hereafter be 
conferred or imposed by law upon town clerks. He shail 
hold office during the pleasure of the selectmen and shall 
be sworn to the faithful performance of his duties by the 
chairman of the selectmen or by a justice of the peace. 


2 


Oy eee 


TOWN ACCOUNTANT. 


SEcTion 5. The selectmen elected as provided in section 
two shall appoint, as soon as practicable, a person suitably 
qualified to the office of town accountant, who shall enjoy 
all the powers and rights and be subject to all the duties 
and liabilities which are now or may hereafter be conferred 
or imposed by law upon: town accountants. Said officer 
shall hold office for three years from the date of his ap- 
pointment and until his successor is qualified, except as is 
herein otherwise provided. He shall be sworn to the faith- 
ful performance of his duties by the chairman of the 
selectmen or by a justice of the peace. In case of a 


vacancy in said office of town accountant the selectmen 


forthwith shall fill the vacancy for the unexpired term. 
The offices of town clerk and town accountant may be held 
by the same person. 


BOARD OF RELIEF. 

Section 6. The selectmen shall appoint a board of three 
persons, to be known as the board of relief, who shall be 
residents of the town and, except as hereinafter provided, 
shall hold no elective office in the town. The members of 
said board shall hold office at the pleasure of the selectmen, 
and subject to the direction and supervision of the select- 


men shall exercise the powers and perform the duties of 


overseers of the poor of said town. The selectmen may 
appoint one or more of their own number as a member or 
members of said board of relief. 


LEGAL AFFAIRS. 

Section 7. The selectmen shall annually appoint an 
attorney-at-law to act as town counsel, who shall be paid 
such salary as the town may by vote determine. 

The selectmen shall have authority to prosecute, defend 


TYAS compromise all litigation to which the town is a party 
‘and to employ special counsel to assist the town counsc! 


a 


ry 


+) 


whenever in their judgment necessity therefor arises. 
Whenever it shall be necessary to execute any deed con- 
veying land, or any other instrument required to carry into 


3 


a 842596 
oS 


effect any vote of the town, the same shall be executed by 


the treasurer on behalf of the town unless the town shall 
vote otherwise. 
TOWN ENGINEER, APPOINTMENT, TERM, POWERS, DUTIES. 


SECTION 8. The selectmen shall appoint, as soon as prac- 
ticable, a town engineer who, except as provided otherwise 


in this act, shall be the administrative head of all depart- — 


ments of the town government, the conduct of which is by 
the general laws and by this act placed upon the selectmen 
of the town. The town engineer shall be subject to the 
direction and supervision, and shall hold office at the will 
of the selectmen, and shall be a person specially fitted by 
education, training and experience to perform the duties 
of said office. He shall be appointed without regard to his 
political belief, and he may or may not, when appointed, 
be a resident of the town or state. He shall be responsible 
for the efficient administration of all departments under 
his control. Before entering upon the duties of his office, 
the town engineer shall be sworn to the faithful and im- 
partial performance thereof by the chairman of the select- 
men, or by the town clerk or by a justice of the peace. He 
shall execute a surety company bond in favor of the town 


for the faithful performance of his duties in such sum as 


may be fixed by the selectmen. 
POWERS AND DUTIES OF TOWN ENGINEER. 


Section 9. The powers and duties of the town engineer 
shall include the following: 

To organize, continue or discontinue such divisions or 
departments from time to time as may be determined by 
vote of the selectmen, or, in the absence of such vote, as 
he shall determine to be required for the efficient conduct 
of his office. 

To appoint upon merit and fitness alone and. except as 
herein otherwise provided, to remove all superintendents 


or chiefs of departments and all subordinate officers and | 


employees in such departments, and to fix all salaries and 


4 


wages of all subordinates and employees, subject to law. 
Superintendents or chiefs of departments shall be removed 
by the town engineer only upon five days’ notice in writing 
which shall state the cause of his removal. 

To exercise control over all such departments or divisions 
created, or that may hereafter be created and made subject 
to his supervision. 

To attend all regular meetings of the selectmen, and to 
recommend to the selectmen for adoption such measures 
requiring action by them or by the town as he may deem 
necessary or expedient. 

To keep full and complete records of the doings of his 
office, and to render as often as may be required by the 
selectmen a full report of all operations during the period 
reported on; and annually, or oftener if required by the 
selectmen, to make a synopsis of all reports for publication. 

To keep the selectmen fully advised as to the needs of the 
town within the scope of his duties, and to furnich tlic 
selectmen on or before the thirty-first day of December 0° 
each year with a detailed list in writing of the appropria- 
tions required during the next fiscal year for the proper 
conduct of all departments of the town under his control. 

Except as provided in section fifteen, to keep in repair 
all the town buildings, under the supervision of the select- 
men. 

Except as provided in section fifteen, to purchase all 
supplies and materials for all departments of the town 
under control of the selectmen. He shall, however, pur- 
chase educational supplies upon the request of the school 
committee accompanied by a proper requisition therefor. 

To administer the health regulations of the town as re- 
quired by the by-laws, or as made by the selectmen, in addi- 
tion to those provided by statute, either directly or through 
a person appointed by him, to be designated as the health 
officer, and who under the supervision ns the seleetmen shal! 
exercise the powers and perform the duties of a board of 


~ health. 


— Subject to the approval of the state department of con- 
servation, to act as local superintendent for the suppression 
of gypsy and brown tail moths with the powers and duties 


5 


now or hereafter provided by law with respect to said 
office. 

To perform such other duties, consistent with his office, 
as may be required of him by the by-laws of the town or 
by vote of the selectmen. 

So 
EXAMINATION OF THE CONDUCT OF CERTAIN DEPARTMENTS 
AND OFFICERS. 


Section 10. The town engineer may without notice 
cause the affairs of any division or department under his 
control, or the conduct of any officer or employee thereof, 
to be examined. The town engineer or any person or per- | 
sons appointed by him to examine the affairs of any such 
department or the conduct of any such officer or employee 
shall have the same power to compel the attendance of wit- 
nesses and the production of books and papers and other 
evidence, and to cause the witnesses to be sworn and to be 
punished for contempt as is conferred by law upon the 
selectmen. The town. engineer shall have access to all town 
books and papers for information necessary for the proper 
performance of his duties. ; 


REMOVAL OF TOWN ENGINEER. 


SECTION 11. The selectmen, by a majority vote, may re- 
move the town engineer by filing a written statement with 
the town clerk setting forth in detail the specific reasons 
for his removal, a copy of which statement shall be deliy- 
ered to the town engineer. Such removal shall not take 
effect until the expiration of five days from the filing of 
such statement with the town clerk; but if so recited in the 
statement the town engineer shall be suspended from office 
forthwith. If the town engineer so requests within said 
five day period, a public hearing shall be given to him by 
the selectmen, and in such event the removal of the town 
engineer shall not take effect until a written decision fol- 
lowing the hearing and providing for removal shall have 
been filed with the town clerk. Such decision by a major- 
ity of the selectmen shall be final. 


6 


ee 


_ 


VACANCY. 


Section 12. Any vacancy in the office of town engineer 
shall be filled as soon as possible by the selectmen. Pend- 
ing the appointment of a town engineer or the filling of 
any vacancy, the selectmen may appoint a person to per- 
form temporarily the duties of the office. 


POLICE DEPARTMENT. 
Section 13. The board of selectmen shall establish a 


police department as herein provided. They shall appoint 


a chief of police and such other police officers as they may 
deem necessary, and shall fix their compensation. 

Police officers may be removed at pleasure by the select- 
men, except that the tenure of office of police officers in- 
eluding the chief of police shall, after they have served 
three continuous years, continue during good behavior as 
long as they are able to perform the duties of their office 
and such officers shall not be removed except after a hearing 
by the selectmen on written charges, a copy of which shall 
be furnished to them not less than seven days prior to the 
hearing. 

The chief of police shall be in immediate control of all 
town property used by the police department, and of the 
police officers who shall obey his orders. 

The selectmen shall make suitable regulations governing 
the organization of the police department and the officers 
thereof. 


CONSTABLES, 

SEcTION 14. The selectmen shall annually in February, 
beginning with the year nineteen hundred and twenty-five, 
appoint three constables, each for the term of one year 
from the following first day of March; and may at any 
time appoint as many additional constables as, in their 
Opinion, may be necessary, who shall hold office at the 
pleasure of the selectmen. Upon the qualification of con- 
stables appointed for fixed terms under the provisions of 
this section, the existing elective offices of constables shall 
terminate. 


7 


FIRE DEPARTMENT. 


SEcTION 15. The selectmen shall establish, as herein pro- 
vided, a fire department to be under the control of an 
officer to be known as the chief of the fire department. 
The chief shall be appointed by the selectmen and _ shall 
hold office during good behavior, and shall receive such 
salary as the selectmen may from time to time determine, 
not exceeding in the aggregate the amount annually ap- 
propriated therefor. He may be removed for cause by the 
selectmen at any time after a hearing. He shall have 
charge of extinguishing fires in the town and the protec- 
tion of life and property in ease of fire. Subject to the 
approval of the selectmen and except as provided in section 
nine, he shall purchase and keep in repair all property and 
apparatus used for and by the fire department. He shall 
have and exercise all the powers and discharge all the 
duties conferred or imposed by statute upon fire engineers 
in towns except as herein provided and shall appoint a 
deputy chief and such officers and firemen as he may think 
necessary, subject to the approval of the selectmen, and 
may remove the same at any time for cause and after a. 
hearing. Except as otherwise provided herein, he shail 
have full and absolute authority in the administration of 
the department, shall make all rules and regulations for its 
operation, shall report to the selectmen from time to time 
as they may require, and shall annually report to the town 
the condition of the department with his recommendations 
thereon; he shall fix the compensation of the permanent 
and call members of the fire department, subject to the 
approval of the selectmen. In the expenditure of money 
the chief shall be subject to such further limitations as 
the town may from time to time prescribe. The chief shall 
act as forest warden and shall have authority to appoint 
deputy wardens and fix their compensation subject to the 
approval of the selectmen. 

f 
SALARIES. 


SEcTION 16. The town engineer, the town clerk and the 
town accountant shall each receive such salary subject to 


8 


the appropriation available therefor as may be fixed by the 
selectmen, unless otherwise specifically voted by the town. 


CERTAIN TOWN OFFICERS NOT TO MAKE CONTRACTS WITH THE 
TOWN, ETC. 


Section 17. It shall be unlawful for any selectman, any 
assessor, the treasurer, the collector of taxes, the town engi- 
neer, any member of the school committee, any trustee of 
the public library, any member of the planning board or 
any other elective or appointive official except as otherwise 
provided by law, directly or indirectly to make a contract 
with the town, or to receive any commission, discount, 
bonus, gift, contribution or reward from, or any share in 
the profits of, any person or corporation making or per- 
forming such a contract, unless such member, officer or 
employee immediately upon learning of the existence of 
such contract, or that such contract is proposed, shail . 
notify the selectmen in writing of the contract and of the 
nature of his interest therein and shall abstain from doing 
any official act on behalf of the town in reference thereto. 
In case such interest exists on the part of an officer whose 
duty it is to make such a contract on behalf of the town, 
the contract may be made by another officer or person of 
the town duly authorized thereto by vote of the town. A 
violation of any provision of this section shall render the 
contract in respect to which such violation occurs voidable 
at the option of the town. Any person violating any pro- 
vision of this section shall be punished by a fine of not more 
than one thousand dollars, or by imprisonment for not 
more than one year, or both. 


SUBMISSION OF ACT AND TIME OF TAKING EFFECT. 


SecTION 18. This act shall be submitted to the qualified 
voters of the town of Walpole for acceptance at a special 
election which shall be called by the selectmen on or before 
December first, nineteen hundred and twenty-four. 

The vote shall be taken by ballot in answer to the follow- 
ing question, which shall be printed on the official ballot: 
*‘Shall an act passed by the general court in the year 


9 


nineteen hundred and twenty-four, entitled ‘An Act to 
change the time of holding the annual meeting of the town 
of Walpole, to enlarge the powers and duties of the select- 
men, to abolish certain offices and to provide for the ad- 
ministration of town affairs’ be accepted?’’ If this act 
shall be so accepted by a majority of the qualified voters 
voting thereon, it shall take effect for the purposes of the 
next annual meeting, which shall be held on the third 
Monday of January in the year nineteen hundred and 
twenty-five, and for all things that pertain to said election, 
and shall take full effect upon the election and qualification 
of the selectmen, except as herein .provided. Appointees 
of the officers and boards abolished and consolidated by this 
act shall continue to draw compensation at the same rate 
and to exercise like powers, authority and jurisdiction as 
theretofore until other provision is made. 


DUTIES OF CERTAIN TOWN OFFICIALS RELATIVE TO THE FIRST 
ANNUAL ELECTION AFTER ACCEPTANCE. 


SECTION 19. It shall be the duty of the selectmen and 
the town clerk in office and any other town official upon 
whom by reason of his office a duty devolves by the pro- 
visions of this act, when this act is accepted by the quali- 
fied voters as herein provided, to comply with all the re- 
quirements of this act relating to elections, to the end that 
all things may be done necessary for the nomination and 
election of the officers first to be elected under this act. 

BY-LAWS, RULES, ETC. 


SECTION 20. All laws, by-laws, rules and regulations in 
force in the town of Walpole when this act takes effect, not 
inconsistent with its provisions, whether enacted by author- 
ity of the town or any other authority, shall continue in 
full force and effect until otherwise provided by law, by-law 
or vote; all other laws, by-laws, rules and regulations, so 
far as they refer to the town of Walpole, are hereby re- 
pealed and annulled, but such repeal shall not revive any 
pre-existing enactment. 


10 


REVOCATION OF ACCEPTANCE. 


SECTION 21. At any time after the expiration of four 
years and within six years from the date on which this act 
is accepted, and not less than ninety days before the date 
of an annual meeting, a petition, signed by not less than 
twenty per cent of the registered voters of the town, may 
be filed with the selectmen, requesting that the question of 
revoking the acceptance of this act be submitted to the 
voters. Thereupon the selectmen shall call a town meeting 
to be held at a date not later than forty-five days after the 
filing of the petition, but not between the first day of June 
and the first Tuesday of September, both dates inclusive. 
At such meeting the vote shall be taken in answer to the 
following question which shall be printed on the official 
ballot: ‘‘Shall the acceptance by the town of Walpole of 
an act passed by the general court in the year nineteen 
hundred and twenty-four, entitled ‘An Act to change the 
time of holding the annual meeting of the town of Walpole, 
to enlarge the powers and duties of the selectmen, to abol- 
-ish certain offices and to provide for the administration of 
town affairs’ be revoked?’’ If such revocation is favored 
by a majority of the voters voting thereon by ballot, the 
acceptance of this act shall be revoked and this act shall 
become null and void beginning with the annual town meet- 
ing next following such vote, which meeting shall be held 
at such time, in conformity with general law, as may be 
determined by vote of the town; provided, that all town 
officers holding office under this act shall continue to hold 
office until their successors have been duly qualified. The 
said revocation shall not affect any contract then existing 
or any action at law or suit in equity or other proceeding 
then pending. Any special laws relative to said town which 
are repealed by this act shall be revived by such revocation. 
Any by-law in force when such revocation takes effect, so 
far as consistent with general laws respecting town govern- 
ment and town officers and with said special laws, shall not 
be affected thereby. 


1] os 


EFFECT OF PASSAGE. 


SEcTIoN 22. So much of this act as authorizes the sub- 
mission of the question of its, acceptance to the qualified 
voters of said town shall take effect upon its passage. 


Approved May 20, 1924. 


12 


BY-LAWS OF THE TOWN OF WALPOLE, MASS. 


ARTICLE I. 


TOWN MEETING. 


SECTION 1. Notice of every town meeting shall be given 
by posting attested copies of the warrant calling the same, 
in at least two public places in each precinct, not less than 
seven days before the day appointed for such meeting. 

SECTION 2. Notice of every adjourned town meeting 
shall be posted by the town clerk in not less than ten pub- 
lic places in the town, and shall, if time permits, be adver- 
tised in a newspaper published in Walpole, if: any, as soon 
as practicable after the adjournment, stating briefly the 
business to come before such adjourned meeting. 


ARTICLE Il. 


SecTION 1. At the annual town meeting held March 5, 
1923, after the closing of the polls and the choice of all 
town officers, or in event of failure to elect, before any 
adjournment of said meeting, all or any of the articles of 
the warrant calling for an appropriation of $200.00 or 
more, shall be referred to a committee of fifteen legal 
voters to be appointed by the moderator and known as the 
Appropriation Committee. 

SEcTION 2. Said committee to be appointed as follows: 
five members for a term of one year, five members for a 
term of two years, and five members for a term of three 
years, and at the close of each annual meeting thereafter, 
the moderator shall appoint their successors for a term of 
three years. 

Said committee shall act and report upon any articles of 
the warrant for the annual town meeting in the year 1925 
and thereafter shall act and report upon articles of the 
warrant for any special or regular town meeting previous 
to the date thereof. 


13 


SEcTION 3. It shall be the duty of said appropriation 
committee to consider all the articles of the warrant or 
warrants referred to it and make report thereon in writing, 
with its estimates and recommendations for the final action 
of the town, at the first adjournment of the annual meet- 
ing in 1923, and as soon as practicable before each special — 
or regular meeting thereafter, unless otherwise directed by 
such meetings. Said committee shall also act as an advis- 
ory committee for the town. 

SEecTION 4. The moderator shall call said committee to- 
gether for organization as soon as practicable after the 
appointment thereof, and in the event of his disability or 
failure to do so, any member of the committee may do so. 
Said committee shall organize by the choice of a chairman 
and secretary and shall cause to be kept a true record of 
its proceedings. 

Section 5. The selectmen, with the approval of the 
chairman of said appropriation committee, shall provide a 
suitable place in which to hold its various meetings. The 
moderator shall fill any vacancy which may occur in its 
membership by death, resignation, removal from town, or 
other cause and said committee shall meet from time to 
time as it or the chairman may deem advisable. 

Section 6. Said appropriation committee may require 
the various officers and boards of the town to appear before 
it at such time and place as said committee may appoint, 
for information and conference upon the matters referred 
to said committee and it shall be the duty of said officers 
and boards to appear before said committee at the times 
and places named; provided, however, any information may 
be withheld when in the opinion of said boards or officers 
the communication thereof might injuriously affect the 
interests of the town. 

SEecTION 7. It shall be the duty of the town clerk to 
immediately notify in writing all members of committees, 
including the appropriation committee, that may be elected 
or appointed at any town meeting, stating the name of the 
committee and the business upon which they are to perform. 

SrotTion 8. It shall be the duty of the member desig- 
nated as chairman or first named of any other committee 


14 


chosen by the town to promptly call the members thereof 
together for organization. 

Section 9. It shall be the duty of all committees ap- 
pointed prior to the annual town meeting to make report 
at said meeting, unless otherwise directed, upon matters 
referred to them. 


ARTICLE III. 
FINANCIAL AFFAIRS. 


SEcTION 1. The financial year shall begin with the first 
day of January in each year and end with the last day of 
December following. 

_ SEcTION 2. It shall be the duty of the ‘board of select- 
men to take charge of the bonds of the town treasurer and 
collector of taxes and deposit them in a safe place. 

SECTION 3. No bill, charge or account against the town 
shall be paid without the approval, in writing, first ob- 
tained of the person, persons, board or committee contract- 
ing the same. 

Section 4. No town officer having control of the expen- 
diture of the public money shall incur any debt or obliga- 
tion on account of the town in any department beyond the 
amount appropriated therefor by the town, except as pro- 
vided in section 6. No order or warrant shall be drawn 
by the board of selectmen or other boards upon the treas- 
urer without an appropriation by vote of the town, nor 
against any appropriation in excess of the same, except 
that such payments may be made as are required to protect 
the town where it may be liable in actions at law for dam- 
ages and as provided in section 6. 

Section 5. Any portion of any appropriation remaining 
unexpended at the close of the financial year shall revert 

to the town treasury, unless otherwise provided by law. 

- Seorion 6. During the interval between the thirty-first 
day of December in each year and the time of making the 
necessary annual appropriations, the various town officers, 
in order to meet the liabilities of their,several departments 
incurred in carrying on the business of the town, shall 
have authority to make expenditures and payments from 


15 


the town treasury from any available funds therein, and 
the same shall be charged against the next annual ap- 
propriation: but no such expenditure shall be made or any 
such liability incurred for any purpose beyond the absolute 
needs of the town. 


i 


ARTICLE IV. 
LEGAL AFFAIRS. 


SecTION 1. The town counsel shall draft all bonds, 
leases, obligations, conveyances and other legal instruments, 
advise on all questions relating to the warrants for town 
meetings, and do every professional act relating to town 
affairs which may be required of him, by vote of the town 
or any board of town officers. Also, when required by said 
boards or any committee of the town, he shall furnish a 
written opinion on any legal question that may be sub- 
mitted in writing to him, and he shall at all times furnish 
legal advice to any officer of the town who may require his 
-opinion upon any subject concerning the duties incumbent 
upon such officer by virtue of his office. He shall, when 
required by the town officers, prosecute any suits ordered 
to be brought by the town, and shall appear at any court 
in the Commonwealth in defence of any action or suits 
brought against the town or its officers, in their official 
capacity. He shall also, whenever his services may be re- 
quired, try and argue any and all cases, whether in law or 
equity, to which the town shall be a party before any tri- 
bunal in the Commonwealth, or before any board of refer- 
ees or commissioners, and appear at any and all hearings 
in behalf of the town. 

SECTION 2. The town clerk shall have the custody of the 
town seal and shall keep a true copy (in a book to be kept 
for such purpose alone) of all deeds or conveyances exe- 
cuted in behalf of the town by any town officer. It shall 
be the duty of the,town clerk to see that every conveyance 
to the town of any interest in real estate is properly re- 
corded in the Registry of Deeds. 


16 


ARTICLE V. 
RECORDS AND REPORTS. 


SEcTION 1. All boards, standing committees and officers 
of the town, shall cause records of their doings and ac- 
counts to be kept in suitable books. Said books shall be 
kept in their respective places in the town offices, and shail 
not be removed therefrom. Said record books shall be open 
to the inspection of citizens of the town at any reasonable 
time, but shall remain during such inspection under the 
supervision of the board, committee or officer designated 
to keep charge thereof. 

SecTION 2. All boards, standing committees, special 
committees or officers of the town having charge of the 
expenditure of money shall annually report thereon in 
writing in such manner as to give the citizens a fair and 
full understanding of the objects and methods of such 
expenditures, referring, however, to the report of the treas- 
urer or town accountant for specific details, and shall make 
therein such recommendations as they deem proper. 

SECTION 3. All reports shall be placed in the hands of 
the board of selectmen for printing and publishing as soon 
as possible, not later than the fifteenth day of January of 
each year. i 

Section 4. The board of selectmen shall annually cause 
to be distributed among the taxpayers of the town, the 
reports of the officers of the various departments and 
boards of the town, and reports upon such matters as 
directed by the town and these by-laws. They shall have 
the custody and supervision of the distribution of the same. 

Section 5. The town clerk shall furnish for publication 
in the Annual Town Report an abstract of the official 
records of all town meetings held during the preceding 
year. He shall also furnish for the same purpose an ab- 
stract of the vital statistics for the preceding year. 

SEcTION 6. Whenever a town way is laid out or altered, 
a plan thereof shall be made and filed in the town clerk’s 
office, with the location thereof, and it shall be the duty 
of the town clerk to keep a book of records for the sole 


17 


purpose of recording the location of all highways and town 


ways within the town, with an index thereto. 

SECTION 7. Hach quinquennial valuation of estates made 
by the assessors or an abstract thereof shall be printed and 
distributed to property owners who desire the same. 


ARTICLE VI. 


JUNK DEALERS AND COLLECTORS—LICENSES AND 
REGULATIONS. 


Section 1. The selectmen may license suitable persons 
to be dealers in and keepers of shops for the purchase, sale, 
or barter of junk, old metals and second-hand articles in 
the town. They may license suitable persons as junk col- 
lectors to collect, by purchase, or otherwise, junk, old 
metals and second-hand articles from place to place in the 
town; and they may provide that such collectors shall dis- 


play badges upon their persons or upon their vehicles, or — 


upon both, when engaging in collecting, transporting, or 
dealing in junk, old metals, or second-hand articles, and 
may prescribe the design thereof. They may also provide 


that such shops and all articles of merchandise therein and © 


any place, vehicle, or receptacle used for the collection or 
keeping of the article aforesaid, may be examined at all 
times by the chief of police or by any police officer by him 
authorized thereto. 

SECTION 2. Every keeper of a shop, for the purchase, 
sale or barter of junk, old metal or second-hand articles, 
within the limits of the town, shall keep a book in which 
shall be written, at the time of every purchase of any such 


article, a description thereof, the name, age and residence © 


of the person from whom, and the day and hour when such: 


purchase was made; such book shall be at all times open 
to the inspection of the selectmen or any person by them 
authoriezd to make such inspection; and every keeper of 
such shop shall put, in a suitable and conspicuous place on 
his shop, a sign, having his name and occupation legibly 


inscribed thereon in large letters, and such shop and all | 


articles of merchandise therein may be at all times exam- 
ined by the chief of police or by any police officer by him 


18 


authorized to make such inspection; and every keeper of 


~ such shop and no junk collector shall, directly or indirectly, 


either purchase or receive by way of barter or exchange, 
any of the articles aforesaid of a minor or apprentice. 
knowing or having reason to believe him to be such; ani 
no article purchased or received by such shopkeeper shat! 
be sold until at least one week, from the date of its pur- 
chase or. receipt, has elapsed. Such shop shall be close 
between the hours of 6.00 p. m. and 7.00 a. m., and ne 
keeper thereof and no junk collector shall purchase any of 
the articles aforesaid during such hours. 


ARTICLE VIL. 
CONTRACTS BY TOWN OFFICERS. 
SECTION 1. No town officer and no salaried employee 


of the town or any agent of any such officer or employee 


shall receive any compensation for work done or service 
performed by him for the town, except his official salary 
and fees allowed by law, without the permission of th» 
board of selectmen or other board authorizing such work 
or service, expressed in a vote which shall appear on the 
records of such board with the reason therefor. 

SECTION 2. When the estimated amount of the propose’ 
contract exceeds $500, proposals shall be called for in th» 
manner provided in this section. Such calls for proposa!s 
shall be advertised in a local newspaper, such publication 
to be at least seven days before the opening of the bids 
The advertisement shall require such proposals to be seale! 
and properly designated and shall announce the place, dzy 
and hour at which they shall be opened. They shall bo 
publicly opened in the presence of the board, committee cv 
officer authorized by the town to make the contract. No 
bids shall be received after the time advertised for th’ 
opening. As far as practicable, contracts for less than 
$500 shall be awarded in such manner as to secure reason 
able competition. 

SroTion 3. Every contract exceeding $1,000 shall be 
accompanied by a suitable bond for the performance of 
the same, or by the deposit of money or security to the 


19 


amount of such bond if so requested by the officer or board 


authorized to make the contract. 


ARTICLE VIII. 
POLICE REGULATIONS. 


Section 1. No owner or person having the care of any 
sheep, goats, swine, oxen, cows, horses or other grazing ani- 
mals shall permit or suffer the same to go at large or to 
graze on any street, way, common, square or other public 
place within the town, nor permit any such animal to go 
upon any sidewalk therein except for the purpose of cross- 
ing the same. 

Section 2. No person shall leave any vehicle or material 
or place any obstruction in any sidewalk, street or public 
place and suffer the same to remain there over night with- 


out maintaining a sufficient light and suitable guards over — 


or near the same throughout the night, nor allow the same 
to remain after notice from a police officer of Walpole to 
remove the same. 

SEcTION 3. No person shall place or maintain over any 


sidewalk, any awning, shade, shade frame, canopy, sign or . 


sign-board without a permit from the board of selectmen, 
but no such awning, shade, shade frame, canopy, sign or 
sign-board shall be less than seven feet from the ground 
in the lowest part nor extend beyond the line of the side- 
walk and no sign that overhangs the sidewalk shall exceed 
three by five feet. 

SecTIoN 4. No person shall, by any means or in any 
manner wilfully frighten any horse, or play at any game in 
which a ball is used, or shoot with bows and arrows, fly 
any kites, or throw stones or other missiles in any street 
or on any sidewalk. 

SEecTIon 5. No person shall skate or coast upon any sled 
upon any sidewalk or any street or public place except at 
such times and upon such streets or places as the selectmen 
may, by public notice, designate for such purpose. 

Section 6. No person shall discharge any gun, fowling 
piece, pistol, or firearm or set fire to any material known 
as fireworks, or other combustible matter, in any of the 


20 


; public ways or streets of the town, or within one half a 

mile of the South Walpole Common, the Walpole Town Hall 
or East Walpole Square except on such occasions and of 
such character and kind as the chief of police may, by 

¢ public notice, permit; provided, however, this section shall 
not apply to any person abating a nuisance or in the exer- 
cise of duty required or justified by law. 

SEcTION 7. No person, other than a duly authorized 
officer or employe, shall dig a trench or lay a pipe in or in 
any way disturb the earth or materials on, in or under any 
street or public way, without a permit in writing given by 
the town engineer upon application by said person made to 
said town engineer; and whenever such a permit is so 
issued, the person or persons to whom it shall be issued, 
shall, whenever a pipe, drain or any other structure is 
placed in, along or under such a street or public way, file 

with said town engineer a plan of the same, showing the 

» location and elevation of such pipe, drain or other structure, 
said plan to be of such size and standard as said town 
engineer may require. 

Section 8. No person shall behave in a rude, indecent, 
or disorderly manner, or use any indecent, profane or in- 
sulting language in any public place or in any street or 
sidewalk in the town or near any dwelling house or other 
building therein, or upon any doorstep, portico or other 
projection from any such house or other building to the 
annoyance or disturbance of any person; nor shall any 
person throw or drop in or upon any footpath, sidewalk 
or highway in the town any piece of wire, metal, mineral, 
nail or other material that might or would be a source of 
annoyance or danger to anyone lawfully passing over or 
using the same. 

Section 9. Three or more persons shall not stand in a 
group or near each other on any public way or sidewalk in 
such a manner as to obstruct a free passage for pedestrians 
after a request to move on made by any police officer of 
Walpole: 

Section 10. No owner or occupant of property shail 
permit any gate leading to premises abutting on any public 
way in the town to swing outwardly upon said public way. 


21 


Section 11. No person shall throw or deposit in any 
manner upon any public way, place or square in the town 
any article, substance or material which may prove injuri- 
ous in any respect to the hoofs of animals, the tires of 
bieyeles or the rubber tires of automobiles and other 
vehicles. 

Section 12. Neo person shall distribute or deposit adver- 
tising circulars, papers or other matter on the streets of the 
town, or shall team manure, hay, rubbish, ashes, liquid or 
other material in such a manner as to litter, pollute, or in- 
jure the streets of the town nor shall any person throw or 
deposit in any street or on any sidewalk, ashes, dirt, rub- 
bish or other refuse of any kind except in the manner pro- 
vided by the Board of Health. 

SEcTION 13. No person shall cart or eonvey garbage, 
manure, rubbish, or filth of any kind nor any noxious or 
refuse liquid or solid matter or substance in any public 
street or place, except in such manner and at such times as 
the Board of Health by regulation or permit shall prescribe. 

Section 14. No person shall, without authority from 
the chief of the fire department, open or interfere with a 
signal box, wire or anything connected with the fire alarm 
apparatus except in cases of fire. 

SecTION 15. No person shall, without proper authority, 
extinguish, or remove any light plaeed to denote an ob- 
struction or defect in a street or way. 

SEoTiIon 16. No person shall, without proper authority, 
intermeddle with or wilfully break or injure any hydrant, 
gate, gate-box, or water pipe placed or located within the 
limits of any public way or place in the town. 

SEcTION 17. No person shall, without proper authority, 
intermeddle with or wilfully break any are lamp or lamp 
globe or incandescent lamp or any insulators or attach- 
ments used to carry wires within the limits of any public 
way or place in the town. 

SEcTION 18. No person shall make any indecent figures 
or write any indecent or obscene words upon any fence, 
building or structure in any public place, or commit a 
nuisance upon any sidewalk or against any tree, building 
or structure adjoining the same. 


22 


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ARTICLE IX. 


TRAFFIC RULES FOR THE TOWN OF WALPOLE. 


_ Section 1. Every person having charge or control otf 
an automobile or other vehicle upon a public street shall 
stop, place, change the position of or move such automobile 
or other vehicle as directed by a police officer of Walpole. 

SECTION 2. Every person having charge or control of 
an automobile or other vehicle upon any publie¢ street shail 
comply with and obey the directions upon all signs, movable 
posts, or mechanical devices placed by the direction of the 


board of selectmen or by a police officer on or near such 


street, unless otherwise directed by a police officer of 
Walpole. 
SEcTION 3. All automobiles or other vehicles stopping 


‘in the business section must stand near the right hand 


eurb facing to the right, at an angle of forty-five degrees, 
head in, unless it is necessary for the purpose of unloading 


or loading then to back up to the curb at the same angle. 


By the term ‘‘ business section’’, is meant, from the corner 
of East and Main Streets to the corner of Main and Com- 
mon Streets. 

Section 4. The parking of all vehicles in the business 
section is limited to one hour, except in a space or place 
allotted or specified by the board of selectmen, where the 
parking time will be unlimited, such space or place to be 
properly marked and advertised as follows: on the Common 
side of West Street from the drinking fountain to the 
corner of Elm Street, also on Main Street from the drink- 
ing fountain to the corner of Common Street, Common side, 
ears to be backed in at right angles, locked and left safe. 

Section 5. No automobile or other vehicle shall remain 
backed up to the curb, except when actually loading or 
unloading, and if it be a horse-drawn vehicle, the horses 
to be turned in the direction of traffic at right angles. 

Section 6. Unless in an emergency or to allow another 
vehicle or pedestrian to cross a street, no automobile or 
other vehicle shali stop in any public street except close to 
the curb. 


23 


SecTIon 7. No automobile or other vehicle shall stop in 
such a way as to obstruct any street, driveway or crossing, 


or within ten feet of any hydrant, or within twenty feet — 


of any street corner, except in an emergency or on direc- 
tion of a police officer of Walpole. 

SeoTion 8. The operator of a motor vehicle shall under 
no circumstances cut out the muffler, on a public street 
within the thickly settled part of the town or when passing 
any hospital or other institutions. 

Section 9. An automobile or other vehicle in turning 
to the right into another street shall slow down and keep 
as near the right hand curb as possible and shall under no 
conditions attempt to pass another vehicle going in the 
same direction while turning the corner. 

Section 10.. An automobile or other vehicle in turning 
to the left into another street shall slow down and pass to 
the right of and beyond the center of the intersecting street 
before turning. 

SrcTiIon 11. The members and apparatus of the fire 
department, while going to a fire, or responding to an 
alarm, police patrol wagons, and ambulances, hospital am- 
bulaneces, shall have the right of way through any street, 
way, lane or alley in the town of Walpole. No person or 
persons shall wilfully obstruct the passage of said vehicles. 


SEcTION 12. On the approach of any piece of fire 


apparatus, all vehicles on the highway, along which said 
apparatus is proceeding, shall drive to the extreme right 
hand side of the highway, stop and remain stationary until 
the fire apparatus has passed. No vehicle shall follow or 
approach within three hundred feet (300) of a piece of fire 
apparatus at a fire, except in case of special permission 
being granted by the chief of the fire department or officer 
in charge at the fire. 

SEcTION 13. No person or persons, driving or controlling 
an automobile or other vehicle shall permit it to be driven, 
backed, led, moved or allowed to stand on any sidewalk, 
except for the purpose of crossing the same when necessary, 
and then only the shortest way from the street abutting to 
the estate. 


Section 14. Any police officer of Walpole in his dis- © 


24 


. 


, eretion, may remove any automobile or other vehicle, left 
upon any street unattended, in violation of the town traffic 
laws or regulations to a garage or other safe place and 
there leave the same, the expense of moving and storing 

& said vehicle to be paid by the owner. 

SEecTIoN 15. No person having charge of an automobile 
or other vehicle shall place the same, in any street so as to 
prevent or obstruct the passage of other vehicles. 

SecTION 16. No person or persons driving or controlling 
any automobile or other vehicle, shall drive or allow to be 
driven over that part of any street which is being mended, 
repaired or paved if a watchman or signs are placed pro- 
hibiting same. 

SecTION 17. No person or persons driving or controlling 
an automobile or other vehicle shall stop the same with the 
left side to the curb:on any street in the town. 

SecTION 18. Any person or persons driving or con- 

% trolling an automobile or other vehicle, must stop the same 
so as not to interfere with or prevent the passing of pedes- 
trians at street crossings. 

SrctTion 19. No person or persons driving or controlling 

} an automobile or other vehicle shall permit it to stop or 
stand within the intersection of any street nor within 
twenty feet of any street corner, nor on any cross walk 

SEcTION 20. Persons driving or controlling slow moving 
vehicles shall keep as close as possible to the curb on the 
right, and on streets where there is no curb as far as pos- 
sible to the right side-of the street, so as to allow faster 

- moving vehicles free passage to the left. 

SEcTION 21. No person or persons shall transfer mer- 
chandise from or to trucks or other vehicles, over the side- 
walks by the use of skids or planks, except when such 
transfer is reasonably necessary and provided the side- 
walk is not unreasonably obstructed, and this only for such 
period or time as is necessary, and any police officer of 
Walpole may order such skids or planks removed, and if not 
removed, may cause same to be done. 

SEcTION 22. No person or persons driving or controlling 

y an automobile or other vehicle shall pass a school at a rate 
of speed exceeding fifteen miles an hour when children are 


25 


going to and from said school buildings in the town of 
Walpole, and shall comply with and obey the signals and 
orders of the person or persons who have been authorized 
to handle traffic at that point. 

SECTION 23. No person or persons, having control of, 
or operating, an automobile or other vehicle shall stop or 
park the same in front of any fire station or in the limits 
of any highway within one hundred feet of any fire station 
in the town of Walpole except in case of emergency or on 
order of a police officer of Walpole. 


ARTICLE X. 
FIRE DEPARTMENT REGULATIONS. 


Section 1. The chief of the fire department may, and 
upon complaint of a person having interest in any building 
or premises or property adjacent thereto, shall, at all 
reasonable hours, enter into buildings and upon premises 
within his jurisdiction and make an investigation as to 
the existence of conditions likely to cause fire. He shall in 
writing order such conditions, if existing, to be remedied 
and whenever such officer finds in any building or upon 
any premises any accumulation of combustible rubbish, 
including waste paper, rags, cardboard, string, packing 
material, sawdust, shavings, sticks, waste leather or rubber, 
broken boxes or barrels or other refuse that is or may be- 
come dangerous as a fire menace to such buildings or prem- 
ises, he shall in writing order the same to be removed or 
such conditions to be remedied. Whoever refuses or neg- 
lects to comply therewith, shall be punished by a fine of 
not less than ten nor more than fifty dollars for each day 
during which such neglect or refusal continues. 


ARTICLE XI. 


REPEAL AND AMENDMENT OF BY-LAWS AND PENALTIES 
THEREUNDER. 


SECTION 1. These by-laws may be repealed or amended 
at any annual town meeting or at any other town meeting 
specially called for the purpose, an article or articles for 


26 


such purpose having been inserted in the warrant for such 
- meeting. 

SECTION 2. Every violation of any of the provisions of 
the foregoing by-laws contained in Articles 6, 7, 8 and 9, 
§ unless otherwise provided by law or these by-laws, shall be 
punished by a fine of not less than five ($5) dollars nor 
more than twenty ($20) dollars for each violation or 
breach thereof. 

SEcTION 3. These by-laws shall go into effect upon their 
acceptance by the town and their approval and publication 
in the manner required by law, and all by-laws heretofore 
existing are hereby repealed. 

_ A true copy of by-laws adopted. 


pa 


KATHERINE J. HIGGINS, 
Town Clerk of Walpole. 
Boston, Mass., April 9, 1926. 
The foregoing by-laws are hereby approved. 


JAY R. BENTON, 
Attorney General. 


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Walpole Press <—SBV Walpole, Mass. 


